TUP2020-00005 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2020-00005
TNT FIREWORKS TIGARD
SECTION I. APPLICATION SUMMARY
FILE NAME: TNT FIREWORKS
CASE NO.: Temporary Use Permit(TUP) TUP2020-00005
PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales from June
23', 2020 to July 6th, 2020. Fireworks sales will take place within a temporary
1,600-square-foot tent located in the parking lot at 16200 SW Pacific Highway,
Suite N. The temporary use will occupy 12 parking spaces.
APPLICANT: TNT Fireworks
Attn: Faye Trupka
PO Box 836
Clackamas,OR 97015
OWNER: Tecolote Resources,Inc.
Kelly's Legacy LLC,Et Al
By Hesslin Holdings,Inc.
23421 South Pointe Drive,Suite 270
Laguna Hills,CA 92653
ZONING: C-G: General Commercial zone. The C-G zone is designed to accommodate a
full range of retail, office, and civic uses with a citywide and even regional trade
area. Except where nonconforming, residential uses are limited to mixed-use
developments. A wide range of uses, including but not limited to adult
entertainment, automotive equipment repair and storage, mini-warehouses,
utilities, heliports, medical centers, major event entertainment, and gasoline
stations, are allowed conditionally.
LOCATION: 16200 SW Pacific Highway,Suite N;WCTM 2S115BA, Tax Lot 100
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.440
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request for a Temporary Use Permit. The findings and conclusions on which the
decision is based are noted in Section IV.
THIS APPROVAL IS VALID FROM
JUNE 23',2020 TO JULY 6TH,2020
TUP2020-00005 TNT FIREWORKS PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 16200 SW Pacific Highway, Suite N (WCTM 2S115BA, Tax Lot 100); south of
SW Durham Road, east of SW Pacific Highway and west of SW 113th Avenue. The property is part of
the Tigard Towne Square shopping center, and shares parking and access with adjacent properties;
however, Tax Lot 1901 is under separate ownership. The most recent minor modification that includes
a parking count for the Tigard Towne Square shopping center was MMD2019-00027 for a sales-oriented
retail use. The site is zoned General Commercial(C-G).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.440 Temporary Uses:
18.440.030 Types of Temporary Uses
A. Seasonal or special event. This type of temporary use is a use that by its nature will last less
than one year. Examples of this type of use are those associated with the sale of goods for a
specific holiday, activity, or celebration, uses associated with construction, or seasonal use.
This type of use does not apply to businesses seeking a temporary or interim location. These
types of temporary uses include:
1. Use associated with the celebration of a specific holiday such as the sale of Christmas
trees and fireworks;
The proposed temporary use is for the sale of fireworks, associated with the celebration of a specific
holiday(Fourth of July);therefore,this proposal meets the description of a seasonal or special event.This
Temporary Use Permit is being processed through a Type I procedure.
18.440.050 Approval Criteria
A. Seasonal and special events.The approval authority will approve or approve with conditions
seasonal and special events when all of the following are met:
1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive
days,except as provided in Paragraph 18.440.050.A.6;
The proposed temporary fireworks sales will take place only once this calendar year.Additionally,the use
will occur between June 23`d and July 6`'', 2020, which is a period less than 30 consecutive days. This
standard is met.
2. The use is allowed in the applicable base zone;
The sale of fireworks is considered a sales-oriented retail use, which is an allowed use in the C-G zone.
This standard is met.
3. The applicant has proof of the property owner's permission to place the use on the
property;
The application included the property owner's written authorization to place the proposed temporary use
on the subject property.This standard is met.
TUP2020-00005 TNT FIREWORKS PAGE 2 OF 3
4. There will be no parking utilized by the customers and employees of the temporary use
that is required to meet the minimum parking requirements for the other uses on the
property, as required by Chapter 18.410, Off-Street Parking and Loading;
A recent Minor Modification from 2019 (MMD2019-00027) shows that 920 parking spaces are provided
on site,644 parking spaces are required for the site's minimum parking requirement,and that 276 parking
spaces are provided in addition to the minimum parking spaces required. Staff reviewed the applicant's
submitted site plan to determine that twelve parking spaces will be occupied for the temporary use,which
will give the subject site a parking surplus of 264 parking spaces between June 23rd and July 6th, 2020.
Staff finds that no parking will be utilized by the customers and employees of the proposed temporary
use that is required to meet the minimum parking requirements for the other uses on the property. This
standard is met.
5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision
Clearance Areas, and not obstruct pedestrian access on public rights-of-way; and
The applicant's site plan demonstrates that the proposed temporary use will take place within a 1600-
square-foot tent located in the parking lot at 16200 SW Pacific Highway, Suite N. Accordingly, the
proposed tent will not be located in any public right-of-way, and will not impact vision clearance or
pedestrian access. This standard is met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Final Decision:
A Temporary Use Permit is a Type I procedure.As such, the Director's decision is final for purposes of
appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision is not appealable locally, and is the final decision of the City.
THIS DECISION IS FINAL ON JUNE 2ND, 2020.
AND BECOMES EFFECTIVE ON JUNE 2ND, 2020.
Questions:
If you have any questions, please contact Samuel Copelan at (503) 718-2450 or SamuelC@,tigard-or.gov.
LWJ, Clifiddfit-
June 2nd,2020
APPROVED BY: Samuel Copelan
Assistant Planner
TUP2020-00005 TNT FIREWORKS PAGE 3 OF 3
SITE DIAGRAM
Location Name: Albertsons #565 (CLOSED) Location #: ORE1698
Site Address: 16200 SW Pacific Hwy Ordinance: TVF&R
City, State, Zip: Tigard, OR 97224 Structure Type & Size: Tent 40' x 40'
Cross Streets: and Structure Faces:
Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks
" ` .••��.r 1, ,
`� . • SW •mRd•
,5,3 DUrharn Rd f
ry Vic . j , ,,, ,, I: t• the Aest
•sr � � -, �", ray, a,
t v ." r 1
+ 4 X 'i I, ,r yam. ` sk ..
F. . A x r :.� �_
( ` '` `%r' �Aniirew.t Waldal.5 ht I r -
�, �, : i
;♦ i D.S'Loan Processing 'W' ''i.
% `c
•
' / i, f,/` / iiry r r / -
ire
j l ,/
/� %1% /� , $ 215'+,.' - / ./ i 1 I •�. 1
ll •r ' Neigh orhood Dealer 11''f ...i7 ` L�
ti
yy. • _
f } '
Wille ix -firc -Au
{ AL, •
r. . _+ n
4. T;I
• i 74"oeloTM a
.J �. L _ .. r . �•.• �. ,
0011104
mil
4. ialrtinFilal
Notes
See tent layout for exits No parking within 20' of tent
*City of Tigard: approx. 12 parking spaces occupied by tent
Sales Rep: Ron Attaway APPROVED
samuelc,18:20:37,0610212020
RECEIVED
City of Tigard JUN 01 2020 Case #: 11.)P2Q20- O2)O
N IIIICOMMUNITY DEVELOPME N I
LI
TIGARD Master Land Use Application ORE1698
v;
LAND USE APPLICATION TYPE
❑ Accessory Dwelling Unit(ADU) ❑ Modification: O Type I O Type IT
❑ Adjustment 0 Planned Development:
❑ Annexation O Consolidated Plan
❑ Comprehensive Plan Map Amendment O Concept Plan
❑ Conditional Use O Detailed Plan
0 Downtown Design Review: 0 Sensitive Lands Review:
O Track 1 0 Track 2 El Track 3 0 Type I O Type II O Type III
❑ [Tome Occupation—Type II 0 Site Development Review: ❑ Type I O Type II
❑ Land Partition ❑ Subdivision
❑ Lot Line Adjustment/Lot Consolidation (I) Temporary Use Permit
❑ Marijuana Facility Permit 0 Urban Forestry Plan:
❑ Miscellaneous: O Modification O Discretionary Review
0 Type II 0 Type III 0 Zoning Map Amendment
PROJECT INFORMATION
Project name: TNT Fireworks
Brief description of project: Retail sales of consumer fireworks from a 40' x 40' framed tent.
SITE INFORMATION
Location (address if available): 16200 SW PACIFIC HWY, TIGARD, OR 97224
Tax map and tax lot number(s): 2S115BA00102
Site size: Zone:
APPLICANT INFORMATION
Name: FAYE TRUPKA
Mailing address: PO Box 836 City/State: Clackamas, OR Zip: 97015
Phone: 971-218-9404 Email:
Applicant's representative: Shancelaam
Phone: 503-653-9655 Email: LaronS@tntftreworks.com
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page I oft
PROPERTY OWNER INFORMATION 0 Same as applicant
(Attach list for additional owners)
Name: Tecolote Resources, Inc.
Mailing address: 23421 S Pointe Dr., Suite 270 City/State: Laguana Hills, CA Zip: 96253
Phone: 949-233-4758 Email:
SUBMITTAL REQUIREMENTS
In addition to this application form, you must submit all required items listed in Subsection 18.710.030.0 of
Tigard's Community Development Code. If you are unsure what is required with your application,please contact
the planner on duty at 503-718-2421 or tigardplannerondutyatigard-or.gov.
I certify that I am the property owner or I am eligible to initiate this application, as provided in the Tigard
Community Development Code. To the best of my knowledge, all the information provided within this application
package�is complete and accurate.
��i/�aw 'a�
Applicant's Shanee Laton S b�2T�.1�
nt'ss signature* Print name Date
*see attached permission letter*
Property owner's signature* Print name Date
Property owner's signature* Print name Date
*The owner must sign this application or submit a separate written authorization when the owner and applicant are
different people.
STAFF USE ONLY
Case No.: Application fee: Received by: Date:
Related Case(s): Determined complete by: Date:
City ofT igard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of2
0.11
ORE1696
FIREWORKS LEASE AGREEMENT
This agreement is made between Tecolate Resources Lessor and AMERICAN PROMOTIONAL EVENTS
NORTHWEST as Lessee.
1. American Promotional Events—NW, will lease a portion of the property located at:(hereafter called the
"Location"):: 16200 SW Pacific Hwy,Tigard, OR the sale of approved fireworks from the following premises.
2. The lease payment will be $3000.00 year for the period of June 0th thru Jul 9'h hereafter called the
"Season". Payment shall be paid on or before kierAlitti!^.
/s-
3. Lessor represents that the Location is owned and/or controlled by the Lessor and furthermore that the Lessor
agrees to grant the Lessee the exclusive right to operate a fireworks sales structure(hereafter the"Structure")
through the year 2020 or the abovementioned period,
4. The Lessor herby grants Lessee a first right of refusal to match any bona fide offer to lease the Location for
fireworks sales during the renewal Seasons.
5. In return, Lessee agrees to the following terms and conditions:
a. Provide an A+ rated $10,000,000.00 certificate of insurance, prior to occupancy, evidencing liability
insurance in force covering the erection and operation of the Structure. Insurance shall name Lessor as
additional insured,and Lessor shall be held harmless from any claims arising from the maintenance or
operation of the Structure.
b. Pay any and all costs involved in erection, maintenance, and operation of the Structure, and Lessee shall
guarantee that the Location will be returned to its original condition.
c. Obtain and pay all necessary permits and licenses required by law, post with local authority any debris or
performance bonds as required,and guarantee that all laws and regulations shall be adhered to.
6. This agreement is contingent upon Lessee securing necessary permits and licenses. Lessee may cancel this
agreement if the sale of fireworks is prohibited at this Location by a public authority or such sale, in the good
faith opinion of Lessee, becomes commercially unreasonable. In such an event any deposit shall be refunded
to Lessee.
Agreed to an• .- r+this a day of
Accepted. g/ re.
Accepted:
Lessor: T= " ate Resources, Inc. Lessee: Kenneth A. Spence—
cl•: Heslin Holdings AMERICAN PROMOTIONAL EVENTS—NW
23421 South Pointe Dr., Suite 270
Laguna Hills, CA 96523
Phone: 949-233-4758
AMERICAN PROMOTIONAL EVENTS, INC.
2120 MILWAUKEE WAY •TACOMA,WA 98421
TACOMA(253)922-0800• FAX (253)830-2930
www.tntfireworks.com
SITE DIAGRAM
Location Name: Albertsons #565 (CLOSED) Location #: ORE1698
Site Address: 16200 SW Pacific Hwy Ordinance: TVF&R
City, State, Zip: Tigard, OR 97224 Structure Type & Size: Tent 40' x 40'
Cross Streets: and Structure Faces:
Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks
p urha A .;
x
„`` •Y^nllri) !'ii �) { A '" 4't-i} § f.$'',.*",;?'.";aJ."T.aK,��' :sa ^.a s's x
-B nk cif the West
.Andrew-Andrew ant '`n . '!,
`.t D S Loan Processing ,.+
.-
�.. ! '
• . t Neighborhood Dealer • ''� ._
•
wirir amp"
•
Starbucks �' "' Great Ojos
.. � „ '. � `� y� i°'#�` ,yip���� ',,.� �•,�y,..
74.
. t '
3 u -
•
Notes
See tent layout for exits No parking within 20' of tent
*City of Tigard: approx. 12 parking spaces occupied by tent
Sales Rep: Ron Attaway
SITE DIAGRAM
Location Name: Albertsons #565 (CLOSED) Location #: ORE1698
Site Address: 16200 SW Pacific Hwy Ordinance: TVF&R
City, State, Zip: Tigard, OR 97224 Structure Type & Size: Tent 40' x 40'
Cross Streets: and Structure Faces:
Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks
� � if
4 {R i +a�..
g� �Ft, a k lk. " ' •�... o-SW- , ,„„ rraRt#
y 1�YY �- *"h _ ,6.h+,S krs Fk
bR� � [, r1I, .+fi � �v-�h'i kp 4 S
amFd ,$s ) , "
`., ��' `Ba ki`of the
t �� r i i I
Andrew Ls Walrlal R!'H .= -i
f
ft* 4D S Loan Processing
{
F /'r -
'" -
'f r U-Hau- ._ i t .
` ' Neighborhood Dealer .
i
I_ , _
«.j. {
Eti
Starbuck "` Great @li os
W 1
i•• b9 l,-Y oc- r' .I
Belo
i► 1 ; i '
Notes
See tent layout for exits No parkinglag
within 20' of tent
*City of Tigard: approx. 12 parking spaces occupied by tent
Sales Rep: Ron Attawav
City of Tigard
13125 SW .Hall Blvd
Tigard, OR 97223
Purposed Use and Information Sheet
Temporary Sales Site:
Albertson's #565
16200 SW Pacific Hwy
Tigard, OR 97224
(see attached diagram)
Type of Sales and Product:
Retail sales of 1.4g consumer fireworks
Type of Structure:
40' x 40' framed tent.
Hours and Dates of Operations:
Approximately 8:00 am— 11:00 pm daily
June 23rd thru July 6".
Operator Name and Phone Number
Faye Trupka
24hr phone: 971-218-9404
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Purposed Use and information Sheet
Temporary Sales Site:
Albertson's #565
16200 SW Pacific Hwy
Tigard, OR 97224
(see attached diagram)
Type of Sales and Product:
Retail sales of 1.4g consumer fireworks
Type of Structure:
40' x 40' framed tent.
Hours and Dates of Operations:
Approximately 8:00 am — 11:00 pm daily
June 23`d thru July 6h.
Operator Name and Phone Number
Faye Trupka
24hr phone: 971-218-9404
A. Seasonal and special events.The approval authority will approve or approve with conditions seasonal and
special events when all of the following are met:
1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days,
except as provided in Paragraph 18.440.050.A.6; Sales only will occur from June 23 through July 6 of
the year.
2. The use is allowed in the applicable base zone; Temporary use of fireworks tent is in the commercial
zone and is allowed
3.The applicant has proof of the property owner's permission to place the use on the property; owner
signed the TUP application.
4.There will be no parking utilized by the customers and employees of the temporary use that is
required to meet the minimum parking requirements for the other uses on the property,as required by
Chapter 18.410, Off-Street Parking and Loading; a no parking 20'perimeter around the tent will be
blocked off
5.The use will provide adequate vision clearance, as required by Chapter 18.930,Vision Clearance
Areas, and not obstruct pedestrian access on public rights-of-way; and. No temporary use will be
located within the vision clearance triangle.See attached site map(last page)
6.Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through
October.The applicant must provide "market rules and policies"for city approval, which are consistent
with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the
duration of the permit. Market rules and policies must include hours of operation, location, product
guidelines,vendor obligations,vehicle loading or unloading, and any other applicable policies guiding
the operation of the market.The city may also consider the following criteria: See attached"Proposed
Used Information" sheet
a. Provide documentation demonstrating adequate and safe ingress and egress exist when
combined with the other uses of the property, in compliance with Chapter 18.920,Access,
Egress, and Circulation;Temporary use of fireworks tent will have safe ingress and egress exits. See
b. Provide documentation demonstrating the use will not create a traffic hazard, including
coordination with ODOT if applicable;Temporary use of fireworks tent will not create a traffic hazard
in the Albertsons parking lot
c. Provide documentation that the use will not create adverse off-site impacts related to noise,
odors,vibrations,glare, or lights that would be greater than otherwise allowed by uses allowed in the
base zone; and Temporary use of fireworks tent will no create off-site impacts related to noise,odors,
vibrations,glare or lights.
d. Signs are allowed as provided in Chapter 18.435, Signs; however,temporary signs may be
approved for a period of time to correspond with the duration of the seasonal market use.Temporary
signs will only be used during the duration of the fireworks selling period (June 23 through July 6).
No temporary use will
, 1 ., be located within the
1 r s a
�� "<'r.1 vision clearance
triangle
-Shanee
t
w ,. r
4
1
0 0 - .---
01. i iV 1114..�(V DI f�J R ,
a/r�,f/�//y/Tf
5.434'13 2 7o=17 , 1
TNT STAND & TENT COVID-19 PLANS -12rxrcaza
TNT Fireworks is facing unprecedented times due to the COVID-19 §19 ILO
pandemic. Our stands and tents will be ready for the season and will be v_ +
prepared to serve our customers, while keeping our non-profit partners
safe. We have multiple initiatives ready to implement based on the Y ., 4 -�
business climate in each market we all serve.
As the conversation shifts from deciding which businesses are "essential"to which businesses can
reopen safely, we want to remind elected officials that 95 percent of our business model relies on selling
"safe and sane" consumer fireworks during just one statutorily-prescribed period every year—June 23rd
through July 4th. We don't have to remind you that non-profit organizations have been particularly hard
hit during this pandemic,and a successful 4`h of July is key to their fundraising efforts throughout the
state. Below is a summary of the extraordinary steps we are taking to allow our non-profit partners to
operate safely in this COVID-19 environment:
1. FIREWORK STAND&TENT COVID-19 RESPONSE KITS:
In order to prepare our non-profit partners for a successful selling season,TNT Fireworks is providing the
following items to ensure they have what they need to implement the response option they will need to
follow based on the level of state and local restrictions in place during the firework season:
• Caution Tape • CDC Social Distancing Signs
• Curbside Orders Park Here Signs • CDC Cleaning Facility Signs
• Entrance Banner • Tape
• Curbside Order Portable Signs • Masks
• Tent Planograms • Rubber Gloves
• Bundle/Assortment Order Forms • Hand Sanitizer
2. CURBSIDE ORDERING WILL BE IMPLEMENTED AT EVERY FIREWORK STAND AND TENT THIS
SEASON, REGARDLESS OF THE LEVEL OF RESTRICTIONS IN PLACE AT THE TIME OF SALES:
• Customer parks
• TNT Provides Order Form
• Customer Fills out order form and gives to TNT
• TNT pulls product, rings up product, delivers product to customers car,and takes payment
3. TNT FIREWORK STAND AND TENT COVID—19 OPERATING PLANS:
Level 1 (New Normal) Level 2(Restricted Access) Level 3(No Access)
• Sanitation Precautions • Sanitation Precautions • Curbside Only
• Safety Signage • Safety Signage • Order Form
• Curbside Available • Curbside Available • Wipe Down Pens and
• Use caution tape to make • No access to product in Payment Equipment after
lines for stand tents (stands same as each use
Level 1)
• Use caution tape to make
lines for stand
356 Permits issued for Stands and Tents in the State of Oregon in 2019
51
Washington 56
p 5
1' S MultnomahCLATSOP • - 3 - l 5 1
., ,
WASH H000 UMATILLA '\\,71LOWA
1 � U TNOMAH IVER 3 g��� ILLIAM MORROW UNION
S 38 WASCO
8 Lx 25 .,_ 2 f
ION — 3 WHEELER BAKER,3
�C o JEFFERSO
N r4 UNN 11 GRANT
Ic. 1 10 .f'-. ...,.,__ _A 2 1-1__ 2
r LANE 14 7 CROOK I
_,-�, 28 UESCHUTESH 3
r� ' 1 1
/ COOS DOUGLAS 11 HARNEY \ MALHEUR
• —
r CURRY 15
I JOSEPHINE KLAMATH
JACKSON 1 II
4 H 6